"I do not think, my lord, that the case need go on. We are all agreed in regard to our verdict, and it is only putting Sir Charles Tyrrell to unnecessary pain to proceed further."
A momentary smile of satisfaction passed over Sir Charles Tyrrell's countenance as he heard the words spoken which placed his fate beyond doubt; but he turned at once to the judge, saying:--
"I feel grateful, my lord, for the consideration of the jury; but I much wish the trial to go on to the end. A most horrible imputation has been cast upon me; and I would fain not quit this bar without my character standing as clear as before the occurrence of those awful events which brought me here. There remains one more witness to be examined in my defence; I am totally ignorant of the evidence he is about to give, but from what he has been heard to say, I am inclined to believe that we may, by his means, be enabled to fix the guilt upon the real murderer of my unhappy parent."
"It is most important that his evidence should be taken," said the judge; "and, under every point of view, I think it better, also, that the trial should go on to its usual conclusion."
The degree of mystery attached to the evidence about to be given, revived at once the attention of the jury, which had begun to flag; and when John Smithson was called up, every eye in the court was fixed upon the old man, with an inquiring gaze. He appeared, however, quite calm and unabashed; advancing steadily and sternly into the witness-box, as if impressed with a strong and engrossing sense of what he was about to do, and prepared to act as he thought right, without wavering or hesitation. The counsel, indeed, felt some difficulty, as to how to shape his questions, for the old man firmly refused, to the very last moment, to give the slightest indication of what he had to tell.
At length, however, after the oath was administered, which he took with an aspect of solemn feeling, the question was put, "Where were you on the day, and about the time of the murder of the late Sir Francis Tyrrell?"
"I was in Harbury Park!" replied the old man, boldly, "within fifty yards of the door in the garden-wall, on the side toward the house."
Every ear was now attention, and Charles Tyrrell leaned forward to gaze upon the witness more fully, while the counsel proceeded,
"Did you see the prisoner at the bar, there at that time?" was the next question.
"I rather believe I did," replied the old man, "but I am not sure, for the person that I saw, and that I took to be him, was just going into the garden as I came up, and banged the door after him sharply."